Perry threatens to defund ethics unit unless Travis DA quits

Threatens to veto fraud unit funds if she won't quit

Rosemary Lehmberg had an open bottle of vodka on her front seat when she was stopped.

Rosemary Lehmberg had an open bottle of vodka on her front seat...

Gov. Rick Perry is threatening to veto funding for an Austin-based government fraud unit unless Travis County District Attorney Rosemary Lehmberg, who recently pled guilty to driving while intoxicated, resigns her office.

Perry spokesman Rich Parsons confirmed that the governor's intention had been conveyed to Sen. Kirk Watson, D-Austin, saying Perry "has deep concerns about the integrity of that unit."

Local Democrats reacted with fury, noting that the governor would be able to appoint a Republican successor for Lehmberg, a Democrat, even as there are ongoing civil court lawsuits to remove her from office. They also complained that Perry would slash funding for a unit that currently is investigating allegations of cronyism at the Cancer Prevention and Research Institute of Texas that may involve Perry supporters.

Lehmberg could not be reached for comment.

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The Public Integrity Unit is charged with prosecuting official misconduct and ethics violations not just in Travis County, but the entire state. This session, critics attempted to shift its authority to the state Attorney General's Office. Recently, Republicans have accused the office of having a partisan agenda, but in the 1980s, when Democrats were in power, then-Attorney General Jim Mattox attempted to have its funding cut after the unit targeted him.

The Public Integrity Unit has 420 pending cases, mostly related to tax and insurance fraud, according to Director Gregg Cox. Without the funding, which supports 35 employees, including lawyers, investigators and forensic accountants, "there's a good chunk we wouldn't be able to handle," he said.

"It is ridiculous," said Austin attorney Broadus Spivey, a Lehmberg supporter. The district attorney's fitness for office and funding for the Public Integrity Unit "are not related. It is an attempt to remove a Democrat out of a position so he can appoint a Republican."

'An embarrassment'

Former Perry chief of staff Ray Sullivan, now a political consultant, disagreed. "The thought of having the state's Public Integrity Unit run by someone with a severe drunk driving arrest, who showed disrespect of law enforcement, is an embarrassment to the state of Texas and the leadership who authorize funds for that office."

Lehmberg's highly publicized arrest in April already has spawned two civil actions to remove her from office relating to her behavior during the arrest and while in custody. Officers testified she had an open bottle of vodka in her front seat after she was stopped at 10:45 p.m. Saturday, April 13, for driving erratically. Jail videos showed the 63-year-old prosecutor berating jail personnel and repeatedly refusing to cooperate with the booking process.

Still, she has an influential group of supporters, such as Spivey, who have urged her to stay in office.

"She's paid her penalty, more than anyone's ever paid for a first-time DWI," Spivey said, referring to her 20 days in jail on a 45-day sentence. Using funding for her office to force her out of office is "not playing on top of the table with the rules."

'Lost in high weeds'

Even Democrats who believe Lehmberg should resign said they wish Perry had stayed out of the controversy.

"Personally, I think once she was arrested she ought to have stepped down," said former political consultant Peck Young, who teaches at Austin Community College. "I don't think he's making it better. This is a Democratic county. He'll get to appoint a successor. People don't want to give him that appointment."

Young called that view short-sighted, saying a special election likely would return the office to Democratic hands. "We've gotten lost in the high weeds," he said. "It's a situation where one tragedy is now compounded by another."

Rep. Phil King, a Weatherford Republican who called for Lehmberg's resignation during the regular session of the Legislature, said Tuesday he "took no pleasure" in the controversy.

"However, one need merely watch the videos of her conduct at the scene of her arrest and at the jail to see why she now lacks all credibility to enforce the laws she was elected to enforce," King said. He said the videos show her being physically restrained by jail personnel, and at one point kicking her cell door. "I cannot, in good conscience, support the use of state tax dollars to fund and condone the utter disrespect of the law by Ms. Lehmberg."